Discussion On Anti-unfair Competition Law On Protection Of Consumer Rights

Faced with today’s fierce market competition, as the consumer market transactions, the main party, thelegal status of the security and interests of the maintenance of its increasingly widespread concern by theinternational community and individual countries. By prohibiting illegal behavior, violation of businessethics, consumer protection has also become the basic task of the Anti-Unfair Competition legislation in thecountries in the world; to establish a fully competitive, harmonious and orderly market, and maintain anefficient competitive market, became a context of economic globalization, anti-unfair competition law onconsumer protection key.China as a consumer population base, the most important task of the State, legitimate rights andinterests of the protection of operators and consumers in a market economy has become China’sAnti-Unfair Competition Law. At the same time, China’s Anti-Unfair Competition Law for the protection ofthe interests of consumers in this focal point to make the provisions expressly and explicitly its legislativepurpose is to safeguard the healthy development of socialist market economy, encourage and protect faircompetition, suppression of acts of unfair competition. Moreover, China’s "Anti-Unfair Competition Law"adjustment object of unfair competition in the market competition between the maintenance of thelegitimate rights and interests of operators and consumers. Compared with China’s Consumer ProtectionAct, the Anti-Unfair Competition Law of China’s protection of consumer rights is the legitimate rights andinterests through prevention and regulation unfair competition acts indirectly to protect consumers. Thus,all acts of unfair competition against unfair competition relations and the maintenance of normal tradingrelations, market segments, will harm the legitimate rights and interests of the competitors and consumers.Consumers as an important market in the main, to safeguard their legitimate rights and interests areconducive to the stability of the market order. So, the important task of the legitimate rights and interests ofthe consumer protection legislation as the Anti-Unfair Competition is an inevitable requirement of themarket economy.But in today’s market and economic activities, China’s "Anti-Unfair Competition Law on theprotection of the interests of consumers there are still many problems, these problems are not only reflectedin the legislative system, the object of regulation and liability in judicial practice there are some shortcomings. Especially in a sensational hot events (3Q war, etc.), highlighting reflects the violation of therelevant provisions of China’s "Anti-Unfair Competition Law, significant violations of the legitimateinterests of consumers.For the existence of significant issues and hot social events, we need to think deeply, probing to findout the reasons for these problems. Only in this way, China’s "Anti-Unfair Competition Law" in order toimplement the legitimate rights and interests of consumer protection, but also be able to shoulder the heavyresponsibility of protecting the interests of consumers from the true sense. Therefore, the great significanceof the dialectical relationship between the protection of the Anti-Unfair Competition Law and ConsumerRights.The purpose of this study aims to study the protection of the interests of consumers in the Anti-UnfairCompetition Law the embodiment of innovative thinking to the dialectical analysis of the intrinsicrelationship between the two. The actual situation of the consumer protection starting from the majorcountries of the Anti-Unfair Competition Law, and learn from the advanced experience of foreign nationallegislation and practice, comparison between the anti-unfair competition law on the protection of theinterests of consumers in different countries in different legislative philosophy, historical process, the roleof form in all aspects of performance. Summarized and analyzed on the basis of a comparative study on theChina mainland and Taiwan, China and the United States, Germany, Japan and other countries legislationand practice, to clarify the status of our existing anti-unfair competition, consumer protection, and reveal itsand problems, constructive proposal suitable solution to the problem of the national conditions of China’sAnti-Unfair Competition Law protection of the interests of consumers and, ultimately, exploration ofChina’s anti-unfair competition law continue to modify and improve the provision of adequate theoreticalbasis for.Full survey of the literature analysis, comparative analysis, to explore the research methods ofinductive analysis, is expected in addition to the epilogue, is divided into five sections specificallyaddressed.The first part is an introduction, background, discusses topics of domestic and international status andtheoretical results, the research methods and significance.The second part of the protection of the interests of consumers in the Anti-Unfair Competition Law. Embodied in three aspects, namely the protection of the interests of consumers in the embodiment of thelegislative purpose of the Anti-Unfair Competition Law; the protection of the interests of consumers in theembodiment of the legislative concept of the Anti-Unfair Competition Law and the protection of theinterests of consumers embodiment of the ultimate goal of anti-unfair competition law. Described amanifestation of consumers’ rights protection and anti-unfair competition law in these three areas, withcareful logic analysis of the dialectical relationship between the two, and to compare China’s "Anti-UnfairCompetition Law" and "the interests of consumers Protection Act,"the difference between consumerprotection. Ultimately come to the core argument of this paper, China’s "Anti-Unfair Competition Law hasalways been to protect consumers’ legitimate rights and interests as its fundamental task.The third part is to enumerate the legislative process of the major countries of the Anti-UnfairCompetition Law Consumer Protection. On this basis, a comprehensive comparison of the world’s majorcountries and regions with China in the Anti-Unfair Competition Law on consumer protection aspects ofthe status of legislation through summarizes the primary mode of action of foreign anti-unfair competitionlaw, consumer protection, resulting in China should learn from the advanced legislative concepts andpractical experience.The fourth part of China’s "Anti-Unfair Competition Law" specific theoretical analysis of the status ofthe protection of the interests of consumers. Combined with ‘3Q war’occurred in recent years some ofthe hot social events relating to the relevant provisions of the Anti-Unfair Competition Law, pointed outthat China’s "Anti-Unfair Competition Law of the problems of consumer protection.The fifth part is on the basis of foreign advanced practical experience in the Consumer Protection LawAgainst Unfair Competition, combined with China’s specific national conditions, reference to domesticscholars of outstanding theoretical results on the current China’s "Anti-Unfair Competition Law" consumerprotection problems put forward their own ideas, so creative problem-solving specific programs.